Federal ruling protects pot dispensaries that follow state law
Source: San Francisco Chronicle
Congressional action prohibits federal drug enforcers from shutting medical marijuana dispensaries that comply with state law, a federal judge in San Francisco ruled Monday in a potentially precedent-setting case.
The decision by U.S. District Judge Charles Breyer is the first known ruling by a federal judge to protect pot dispensaries under a budget amendment approved by Congress in December 2014 and in effect through this December, when backers plan to renew it for another year. It bars the Justice Department from spending any money to prevent California and other states from implementing their own state laws that authorize the medical use of marijuana.
... Breyer did not say whether his reasoning would also apply to criminal prosecutions. But he emphatically rejected the Obama administrations argument that the congressional action allows federal agents to act against individual marijuana suppliers as long as the Justice Department doesnt directly challenge state laws.
... He cited a letter to then-Attorney General Eric Holder in April by the lead House authors of the congressional amendment, Republican Dana Rohrabacher of Costa Mesa (Orange County) and Democrat Sam Farr of Carmel. They said the department had misinterpreted their amendment, which was intended to prevent the government from wasting its limited law enforcement resources on prosecutions and asset forfeiture actions against medical marijuana patients and suppliers.
Read more: http://www.sfgate.com/crime/article/Federal-ruling-protects-pot-dispensaries-that-6578613.php
elleng
(131,061 posts)FWIW, Breyer is the brother of U.S. Supreme Court Justice Stephen Breyer.[4] Justice Breyer has recused himself from appeals of cases tried by his brother: Olympic Airways v. Husain, Department of Housing and Urban Development v. Rucker, United States v. Oakland Cannabis Buyers Co-op, Monsanto Co. v. Geertson Seed Farm, Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds and City and County of San Francisco v. Sheehan.[5][6][7][8]
https://en.wikipedia.org/wiki/Charles_R._Breyer
d_legendary1
(2,586 posts)It'll allow people who need the drug for medical purposes to get it. Its a step in the right direction.
Snotcicles
(9,089 posts)wordpix
(18,652 posts)You never know when a teahadist might win the gov's race.